Mccarthy, Larouche Denied Spot On Ballot

U.s. Judge Clears Way For State Primary

A U.S. District Court judge late Friday denied two presidential candidates places on this month's Democratic primary ballot, despite his conclusion that the state's so-called "media recognition" standard for selection is overly vague.

Judge Peter C. Dorsey denied a request by the Connecticut Civil Liberties Union to place the names of former Minnesota Sen. Eugene McCarthy and political maverick Lyndon H. LaRouche Jr. on Connecticut's March 24 Democratic primary ballot.

In a decision filed at the U.S. District Court in Hartford, Dorsey was especially critical of a part of the state statute requiring that a candidate be recognized in the news media as a serious contender.

"It is the epitome of vagueness," Dorsey wrote. "It also subjects the would-be candidates to possible personal political likes and dislikes of the particular [Secretary of the State] in office.

However, Dorsey said a candidate who did not meet that requirement has an alternative to get on the ballot -- petitioning for the signatures of 6,518 registered voters in his or her political party.

"If either [requirement] is met, the name is so placed. Thus, the two are not interlinked and are severable. Neither effectively bars a prospective candidate," he ruled.

Although the civil liberties group said that getting the required signatures burdens a candidate with limited financial and staff resources, Dorsey said no evidence was offered to support that argument.

"Is it work? Yes. Is it impossible? No," Dorsey wrote.

Dorsey used as an example Gov. Lowell P. Weicker Jr.'s successful statewide campaign to get on the gubernatorial ballot by collecting the signatures of more than 100,000 voters in a seven-week period.

Martha Stone, a lawyer for the civil liberties group, said Friday that she and other staff members will study Dorsey's decision over the weekend before deciding whether to appeal.

Dorsey also said in his decision that there was no evidence presented to back up the civil liberties group's contention that Secretary of the State Pauline R. Kezer had acted in a "capricious and arbitrary" manner in denying the request to put McCarthy and LaRouche on the ballot.

Kezer said Friday she does not disagree with Dorsey's opinion that the first part of the statute is flawed.

"I have no argument with that. I intend to work hard to change the statute," she said.

Shortly after Dorsey issued his decision, Kezer held the long-delayed public drawing to determine the order of names on the ballot.

As reporters crowded around, Kezer plucked the sealed envelopes for the Republican ballot from a white box on top of her desk. First, President Bush, then Patrick J. Buchanan and finally David Duke.

The Democratic ballot will feature Paul E. Tsongas on the top line, Bob Kerrey on the second line, Tom Harkin on the third, Bill Clinton on the fourth, Larry Agran on the fifth and Edmund G. "Jerry" Brown Jr. on the sixth.

The last line on both ballots will be labeled "uncommitted."

The drawing originally was supposed to take place 35 days before the March 24 primary, but it was delayed pending Dorsey's decision. Elections officials had become concerned that there would not be enough time to print and mail absentee ballots, especially those that are to be sent overseas.

Kezer said Friday the printers were "poised, waiting and ready" to get started on the 90,000 absentee ballots.

In a related development Friday, lawmakers appeared close to resolving a dispute over a bill setting the hours of voting in the presidential primary.

Members of a conference committee agreed to maintain the 6 a.m. to 8 p.m. voting schedule, but to declare a one-year moratorium on voter canvasses, thus allowing cities and towns to reduce their election-year expenses.

Local elections officials had asked the legislature to shorten the voting hours after the state had eliminated a $925,000 reimbursement for the cost of running the primary. Registrars of voters said they did not have enough money in their budgets to pay expenses.

But Weicker said he would veto any attempt to restrict the hours of voting.

On Wednesday, the House passed a measure that would have kept the longer voting day but reduced the number of polling places and elections officials required to be at the site. Senators went along with everything but the longer hours, voting to limit them to noon to 8 p.m. A six-member conference committee was created in an effort to break the impasse.

Under state law, registrars are required to canvass local residents each year and to purge the names of people who have moved.

By skipping this year's canvass, a city the size of New Haven would save about $45,000, said Democratic Rep. William A. Kiner of Enfield, the co-chairman of the government administration and elections committee.

Kiner, a member of the conference committee, said the group is scheduled to meet again Monday, with a vote by the House and Senate expected Wednesday -